Divorce Questions & Answers

Q: Virginia 20-99. What does pleadings mean?

1 Answer | Asked in Divorce for Virginia on
Answered on Apr 22, 2019
Michael Christopher Miller's answer
The complaint for divorce. And, any answers or counterclaims thereafter.

Q: 8.01-296 VA code..I've given ALL documents to court and defendent by sheriff postings twice.

1 Answer | Asked in Divorce for Virginia on
Answered on Apr 22, 2019
James H. Wilson Jr.'s answer
Judgments or decrees by default are not allowed in divorce or annulment cases in Virginia.

Rule 3:19 of the Rules of the Supreme Court of Virginia provides as follows:

..."(c) Default Judgment and Damages.

(1) Except in suits for divorce or annulling a marriage, the court shall, on

motion of the plaintiff, enter judgment for the relief appearing to the court to be

due...."

Further, divorce cases require corroboration, independent of the admissions...

Q: I have some questions regarding a divorce

1 Answer | Asked in Divorce for California on
Answered on Apr 21, 2019
Andy Cook's answer
Just call 619-515-9900 for a free consultation any time.

Q: 30 years of marriage I haven't held a job over 6 mths at a time. What am I entitled to when we divorce

1 Answer | Asked in Divorce for Kentucky on
Answered on Apr 19, 2019
Timothy Denison's answer
Theoretically, one half of everything marital and possibly maintenance depending on spouses income.

Q: I have been separated from my husband since November 2017 but he still remains on my family medical insurance policy.

1 Answer | Asked in Divorce for Louisiana on
Answered on Apr 19, 2019
Ellen Cronin Badeaux's answer
Unless there is a restraining order forbidding you from removing him, you can.

Q: How is legal residency (housing) established pertaining to an individuals rights pre/post divorce proceedings.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Answered on Apr 19, 2019
Ellen Cronin Badeaux's answer
Domicile is established with utility bills, drivers license, voter registration card, etc.

Q: § 8.01-296. Manner of serving process upon natural persons. I have read this statute many times. Can you explain it

1 Answer | Asked in Divorce for Virginia on
Answered on Apr 19, 2019
James H. Wilson Jr.'s answer
The starting point for service of process in divorce cases is Virginia Code Section 20-99. The primary consideration in service for divorce cases is the relief sought. Under the concept of divisible divorce, a marriage consists of two components - a legal relationship or res, and property rights stemming from that legal relationship. The res or marital relationship follows each spouse wherever they go. If the spouse satisfies the residency requirements for the state, he or she can terminate...

Q: 2017 divorce stipulates she pay for her car, 2018 cosign to help her lower payment, 2019 refi house but rejected because

1 Answer | Asked in Divorce for Oregon on
Answered on Apr 18, 2019
Vincent J. Bernabei's answer
The 2018 transaction does not void the divorce judgment. Your former spouse complied with the divorce judgment by refinancing the car debt in 2018. You effectively co-signed for a legal stranger, since you were under no legal obligation to do so. You may have some options, but you should contact an attorney to discuss the specifics of your case, including the express terms of your divorce judgment.

Q: My sister husband was cheating on my sister for over a month. Will he be sentenced for what he did?

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Answered on Apr 17, 2019
Brent T. Geers' answer
Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.

Q: My husband filed for divorce on March 18, 2019 without my knowledge He serve me the papers April 16, 2019

1 Answer | Asked in Divorce for New York on
Answered on Apr 17, 2019
Christopher N. Luhn's answer
A lot depends on facts. I’d be happy to spend some time on the phone with you to explore your options. (518) 884-0000.

Q: Can I take custody of my biological child if I divorce the bipolar mother?

1 Answer | Asked in Child Custody and Divorce for Tennessee on
Answered on Apr 17, 2019
Bennett James Wills' answer
If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.

Q: How do I get a divorce on a fixed income? Legal aide told me they cldnt represent me BC I didn't hve address for him

1 Answer | Asked in Divorce for Tennessee on
Answered on Apr 17, 2019
Bennett James Wills' answer
You could try to do the divorce yourself with pro se forms provided online at http://tncourts.gov/help-center/court-approved-divorce-forms. It's usually recommended you get an attorney. The issue you seem to have is that you do not know where your spouse is located - and that's going to be an issue. You need to know where he is so you can serve him with the paperwork you file in court.

Q: I own property acquired before my marriage -thus separate property. What do I put on separation agreement?

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 17, 2019
Philip Allan Logan Esq's answer
As to the choices your given, I'd pick #2, but you need to specifiy that it is premarital and separate property belonging to one of you. "Filling in the blanks" is not the best way of drafting a complete and thorough separation agreement. You really should retain an attorney to represent you or at the very least draft it for you.

Q: I am filing pro se divorce do I need to list my house and car since I owned them before I was Married

1 Answer | Asked in Divorce for Indiana on
Answered on Apr 16, 2019
Clarissa Finnell's answer
All property owned at the time you file for divorce is included in the marital estate. It is included no matter how it is titled or when it was purchased. When dividing marital assets the court can consider value of assets brought into the marriage. There are many factors that may impact how the marital estate may be divided. I recommend that you consult an attorney who practices family law to discuss what factors may apply in your particular case.

Q: Did I make a mistake? I left my husband almost a year ago to move from cali to Ny.

1 Answer | Asked in Divorce for California on
Answered on Apr 15, 2019
Andy Cook's answer
I need more information. Where was the divorce filed, or has it been filed. You mention "divorce agreements" but I'm not sure what that means. How long have you been married and when did you start the 401K?

Q: In needing to know what exactly do I need to look up or do for a seven day notice to the court. This is for divorce

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Apr 15, 2019
Kathryn Hilbush's answer
I'm sorry but I am not familiar with a "seven day notice."

Q: Will a home bought roughly one month prior to marriage be divided in a divorce?

1 Answer | Asked in Divorce for Missouri on
Answered on Apr 15, 2019
Lydia Seifner's answer
Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage; then you have a claim to the house being considered martial property. Talk to an attorney local to you to assist you.

Q: I need a divorce lawyer but have no money How can I find one. I’m on disability with very limited income

1 Answer | Asked in Divorce and DUI / DWI for North Carolina on
Answered on Apr 14, 2019
Amanda Bowden Houser's answer
You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide personalized divorce forms that you pretty much just sign & submit for $95 but if you can scrape together $395 there is no question having us do things for you is best. Visit our site at: easyncdivorce.com to...

Q: Looking for a divorce attorney I thought I was divorced and come to find out its been brought back to court

1 Answer | Asked in Divorce for Illinois on
Answered on Apr 14, 2019
Marilyn Johnson's answer
You need to check your divorce file at the Clerk of Court's office to find out exactly what is pending in your case. You have a short marriage so if there is any maintenance owed by either you or your spouse it should probably be for a short period of time unless you are referring to child support. Your poor health is a factor that the court will consider among many others.

Q: Can ex-wife ask for alimony after divorce is final with alimony waiver on the Marital Settlement?

1 Answer | Asked in Divorce for Florida on
Answered on Apr 14, 2019
Matthew Podolsky's answer
Generally, if alimony is waived and the final judgment has been entered alimony should not be awarded. Further, if the final judgment was entered over a year ago the options to reopen the case would be limited.

If your ex-spouse is not complying with the terms of the Marital Settlement Agreement, you may have grounds to file a motion for contempt. Additionally, your ex may be sanctioned and have to pay your legal fees if the motion for contempt is granted.

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